June 26, 2012
Since the 1970’s, information technology has completely changed the world. Technology is an ever evolving machine whose possibilities are endless. This generation has seen more technological advances than any other generation in history. By having the ability to access and relay information so quickly, computers and other technological devices have proven to be both a blessing and a curse. Users have the ability to compile, analyze, store, retrieve and utilize information to make business processes more efficient; however, if compromised by unauthorized individuals for malevolent purposes, there can be a multitude of negative consequences. The Computer Fraud and Abuse Act, 1986 (CFAA) was designed to prevent such instances by deeming it a Federal offense to knowingly access a protected computer without authorization or exceeding one’s authorized access and as a result, causes damage. The Telephone consumer Protection Ac, 1991 (TCPA) is another Federal legislative action that governs the practices of telemarketer. The act was created to ensure a balance between protection of consumer rights and permitting companies to effectively utilize telemarketing. As a result of a myriad of technological tools, ranging from cell phones and laptops to government protected software, the U.S. Government recognized the need to create legislation that would facilitate the use of such technology to enhance our society by maintaining a secure structure for all parties.
According to Encyclopedia.com (2002), one must first study the state of the computer industry prior to 1986, when the act was created.“In 1981 IBM Corporation introduced its personal computer—the IBM-PC. By 1986, barely five years after the IBM-PC had been introduced, personal computers were being used for mainstream business purposes, and the computing power that had once been available to large...